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Monthly Archives: January 2010

Court considers forensic lab reports – again (access required)

WASHINGTON – Less than a year after handing down a 5-4 decision requiring forensic lab analysts to be available to testify at criminal trials in which lab reports are admitted as evidence, the U.S. Supreme Court again wrestled with the ...

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Negligence – Slip & Fall – Construction Site – Punitive Damages (access required)

A plaintiff who fell onto uncapped rebar in a trench at a strip-mall construction site does not state a claim for punitive damages against defendant construction company, and a Norfolk Circuit Court sustains defendant’s demurrer to the punitives claim, with ...

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Real Estate – Inverse Condemnation – Street Closings – Business Access (access required)

A property owner and business operator on the property state a claim for inverse condemnation under the Virginia Constitution for the city of Norfolk’s four-month closure of Duke Street for construction or repair of public utilities that prevented reasonable access ...

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Domestic Relations – Reconciliation – Parties’ Intent (access required)

Although husband acknowledged he had “accidental sex” with wife after the parties separated in May 2007 and entered into a post-nuptial agreement, a Salem Circuit Court says the parties did not reconcile because the evidence does not show an intent ...

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Wills & Trusts – Trustee Replacement – Individual Capacity (access required)

In this suit against defendant as an executor of an estate and a trustee of a trust established by the testator in June 2007, a Loudoun County Circuit Court grants defendants’ demurrers to most counts of plaintiffs’ complaint, but will ...

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Domestic Relations – Mom’s Move – GAL Recommendation (access required)

Although both the parenting evaluator and guardian ad litem support awarding shared custody to the dad in Virginia after the mom precipitously moved with the parties’ four-year-old son to be near her family in Colorado, a Norfolk Circuit Court awards ...

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Domestic Relations – Termination Of Parental Rights – Age Of Discretion (access required)

A trial court did not err in finding sufficient evidence to terminate a mother’s parental rights under either Va. Code § 16.1-283(B)(2) and (E), nor did the court abuse its discretion by determining the mother’s child who was under 14 ...

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Attorneys – Sanctions Under Va. Statute – Tax Assessment Challenge (access required)

An Augusta County Circuit Court says a lawyer who misused legal process to challenge real estate tax assessments by suing local supervisors and the commissioner of revenue is sanctioned under Va. Code § 8.01-271.1, and must pay $2,000 for the ...

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